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As per case facts, the Appellant-husband sought divorce under Section 13 of the Hindu Marriage Act, alleging cruelty from his Respondent-wife since their marriage in 2013, including her removing wedding
...Chuda and threatening false cases. The Respondent-wife denied cruelty, claiming harassment for dowry by the husband's family and expressed willingness to cohabit. The Family Court dismissed the petition, finding insufficient proof of cruelty and noting the husband’s failure to seek restitution of conjugal rights. The Appellant appealed, arguing that the long separation since 2014 rendered the marriage unworkable and constituted mental cruelty. The question arose whether a prolonged separation, making the marital bond unworkable and beyond repair, amounts to mental cruelty. Finally, the High Court held that forcing parties to continue a marriage that has been unworkable and beyond repair for over a decade, with failed mediation, constitutes mental cruelty. The appeal was allowed, and the marriage dissolved, with liberty for the Respondent-wife to seek permanent alimony.
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